DeLay comes out against liberty

The reason the judiciary has been able to impose a separation of
church and state that's nowhere in the Constitution is that
Congress didn't stop them. The reason we had judicial review is
because Congress didn't stop them. The reason we had a right to
privacy is because Congress didn't stop them.

Holy crap. It is embarrasing that the House Majority Leader could be this ignorant. Frankly, I can't imagine that he's this ignorant, but instead is just not at all concerned with upholding the laws and Constitution of the United States.

The separation of church and state is a constitutional principle. You can find it in Article VI, Section III, in that it precludes any kind of religious test as a qualification to holding any public office. Or perhaps in the First Amendment.

It's pretty clear that DeLay and his cadre of revolutionaries would like to go back and reverse Marbury v. Madison (1803) so that they could avoid the bother of having to sculpt laws which pass judicial review. It's disgusting.

The Constitution does explicitly give Congress the power to limit which laws and which cases the Supreme and inferior Courts have jurisdiction over. The 'right to privacy' (usually code for 'right to an abortion') is nowhere in the Constitution (The Fourth Amendment prohibits search & seizure, which is much more narrow that current 'privacy' jurisprudence). And 'separation of church and state' relies almost entirely on the Establishment Clause, which may or may not require as much separation as we currently have.

I don't agree with what Delay is trying to do here, but neither he nor Scalia are wrong in their statements. No one is served when the Constitution and the Supreme Court are used to win political battles.